Vogt
Case, Order of the President of April 12, 1996, reprinted in 1996 Annual Report
of the Inter-American Court of Human Rights [123], OEA/Ser.L/V/III.35, doc.
4 (1997).

HAVING
SEEN:

1.
The petition of April 12, 1996 and its annexes, in which the Inter-American
Commission on Human Rights (hereinafter “the Commission” or “the Inter-American
Commission”) submitted to the Inter-American Court of Human Rights (hereinafter
“the Court” or the “Inter-American Court”), pursuant to Article 63(2) of the
American Convention on Human Rights (hereinafter “the American Convention”)
and Article 24 of the Rules of Procedure of the Court (hereinafter “the Rules
of Procedure”), a request for provisional measures on behalf of Blanca Margarita
Valiente de Similox, Vitalino Similox, Sotero Similox, María Francisca Ventura
Sican, Lucio Martínez, Maximiliano Solís, Bartolo Solís, Julio Solís Hernández,
María Magdalena Sunún González, Héctor Solís, José Solís, Gregoria Gómez,
Juan García, Eliseo Calel and Víctor Tuctuc, in connection with case No. 11.570
now before the Commission against the Government of the Republic of Guatemala
(hereinafter “the Government” or “Guatemala”).

2.
That the aforementioned petition by the Commission requested the Court to
adopt the following provisional measures:

3. To call upon the State of Guatemala to use all the means
at its disposal to execute the warrant for the arrest of Víctor Román and
duly prosecute Víctor Román, Armando Tucubal, Héctor Cotzál and Hugo Cotzál,
all accused in the deaths of Pascual Serech and Manuel Saquic, and possible
perpetrators, together with Edwin and Carlos Román, of the threats to the
members of the Kakchiquel Presbytery and CIEDEG in connection with this case.

4. To call upon the State of Guatemala to report forthwith
to the Honorable Court on the specific measures it has adopted to protect
Blanca Margarita de Similox, Vitalino Similox, Sotero Similox, María Francisca
Ventura Sican, Lucio Martínez, Maximiliano Solís, Bartolo Solís, Julio Solís
Hernández, María Magdalena Sunún González, Héctor Solís, José Solís, Gregoria
Gómez, Juan García, Eliseo Calel and Víctor Tuctuc and, after providing that
information, to report every 60 days on the status of the provisional measures.

5. To request the Honorable Court to hold a public hearing
at its earliest convenience so that the Commission may have the opportunity
to explain in detail the condition of defenselessness and grave danger in
which Blanca Margarita Valiente de Similox, Vitalino Similox, Sotero Similox,
María Francisca Ventura Sican, Lucio Martínez, Maximiliano Solís, Bartolo
Solís, Julio Solís Hernández, María Magdalena Sunún González, Héctor Solís,
José Solís, Gregoria Gómez, Juan García, Eliseo Calel and Víctor Tuctuc find
themselves. At the same time, the Government would have the opportunity to
inform on the specific measures it has taken to clarify these crimes, punish
those responsible for them, prevent a recurrence of such events in future,
and guarantee the security of the persons named in this request.

3.
The events that form the basis of the request, which are summarized below:

a)
On August 1, 1994 Pascual Serech, a member of the Kakchiquel Presbytery of
the Conference of Evangelical Churches of Guatemala (hereinafter “CIEDEG”)
and President of the CIEDEG Human Rights Committee, was murdered in Panabajal,
San Juan Comalapa, Chimaltenango, Guatemala. Before he died, Mr. Serech recognized
Víctor Román Cotzál, then an army commissioner in the area, and his sons Héctor
and Hugo Cotzál as his attackers. Later, the chief of civilian patrols of
Panabajal and an army officer in the area, Armando Tucubal, was also charged
of Mr. Serech's murder.

b)
On August 18, 1994 the Judge of the First Instance of Chimaltenango, Edgar
Ramiro Elias-Ogaldez, in charge of the Serech case, was murdered. On June
23, 1995 Mr. Manuel Saquic-Vásquez, minister of the CIEDEG Kakchiquel Presbytery
in Chimaltenango and coordinator of the Human Rights Committee of the Kakchiquel
Presbytery and of the Mayan Defense Council in Chimaltenango, was abducted.
His body was later discovered and bore clear signs of torture. Former army
commissioners Víctor Román Cotzál is accused of his murder.

c)
Since the deaths of the two ministers, the members of the CIEDEG Kakchiquel
Presbytery, relatives of the victims and persons connected with the cases
opened in Guatemala concerning the murders have been the subject of constant
and increasing acts of harassment and violence, especially against the persons
named in this petition. The threats and attacks have been aimed mainly at
the following persons, all of whom are connected with the work of the CIEDEG
Kakchiquel Presbytery and with the case and investigation of the deaths of
Mr. Saquic and Mr. Serech.

1.
Vitalino Similox: President of CIEDEG.

2.
Margarita Valiente de Similox: wife of Vitalino Similox, head of the Kakchiquel
Presbytery, who is actively involved in the lawsuits relating to the deaths
of Mr. Serech and Mr. Saquic and testified at the hearing held by the
Inter-American Commission on February 22, 1996.

3.
Sotero Similox: father of Vitalino Similox and a participant in the campaign
to shed light on the deaths of the two ministers.

4.
Maximiliano Solís: leader of the Human Rights Committee of the CIEDEG Kakchiquel
Presbytery, who testified at the hearing held by the Commission on February
22, 1996.

5.
Bartolo Solís: brother of Maximiliano Solís and a member of the Kakchiquel
Presbytery Human Rights Committee.

13.
Eliseo Calel: a member of the Kakchiquel Presbytery, who worked with Mr.
Serech, an activist and office-holder in the New Guatemala Democratic Front
[Frente Democrático Nueva Guatemala - FDNG]

14.
Víctor Tuctuc: a minister of the Kakchiquel Presbytery in San Juan Comalapa,
Chimaltenango, and an FDNG activist.

15.
Juan García: a member of the Kakchiquel Presbytery.

d)
The threats and attacks leveled at the above-mentioned persons took the form
of death-threat notes, abductions, physical attacks and harassment. These
acts began on January 8, 1995 with a meeting of members of the area's civil
patrols and military officials, at which CIEDEG, the Mayan Defense Council
and the Office for National Coordination of the Widows of Guatemala (CONAVIGUA)
were accused of holding anti-army sentiments, receiving money from abroad
and being in possession of firearms. Mr. Román Cotzál was among those
attending the meeting, at which several of the persons cited in this request
were mentioned by name.

e)
These threats and attacks have continued up to the present and are
made through groups such as “Jaguar Justiciero” and persons unknown; it is
believed that the authors of the threats, accused of the murders of Mr. Serech
and Mr. Saquic, are Víctor Román Cotzál, Héctor and Hugo Cotzál and Armando
Tucubal. Edwin and Carlos Román, sons of Víctor Román, are also alleged to
be responsible for making the threats.

f)
On February 22, 1996, the Inter-American Commission held a hearing attended
by several of the persons named in the cases before it, who received threats
on account of their participation in the hearing.

4.
According to the Commission, Guatemala has not taken any effective action
to protect those persons, and although a few measures have been taken, “the
persons named are still constantly harassed. Furthermore, those persons who
are accused of the murders of Serech and Saquic and are possibly responsible
for the threats and attacks are still at large.”

5.
Although the Commission has twice sought precautionary measures from Guatemala,
on October 11, 1995 and March 6, 1996, the requisite effect has not been obtained.

CONSIDERING:

1.
That Guatemala has been a State Party to the American Convention since May
25, 1978 and that it accepted the jurisdiction of the Court on March 9, 1987.

2.
That Article 63(2) of the Convention provides that the Court shall take the
provisional measures it deems pertinent in matters it has under consideration
in cases “of extreme gravity and urgency, and when necessary to avoid irreparable
damage to persons.”

3.
That by the terms of Article 24(4) of the Rules of Procedure: “[i]f the
Court is not sitting, the President, in consultation with the Permanent Commission
and, if possible, with the other judges, shall call upon the government concerned
to adopt the necessary urgent measures and to act so as to permit any provisional
measures subsequently ordered by the Court, in its next session, to have the
requisite effect.”

4.
That Article 1(1) of the American Convention sets forth the obligation of
the States Parties to respect the rights and freedoms recognized in this treaty
and to ensure to all persons subject to their jurisdiction the free and full
exercise of those rights and freedoms.

5.
That the facts presented in this case effectively constitute “a prima
facie case of urgent and grave danger to the lives and physical integrity”
of the 15 persons named (underlining in the original).

6.
That the fact that the Inter-American Commission has twice called for precautionary
measures which “have not produced the requisite effect of protection, since
no proper investigation of the threats has been made by the competent authorities
nor has the pending warrant for the arrest of Víctor Román Cotzál been executed,
nor have Armando Tucubal, Héctor Cotzál or Hugo Cotzál been prosecuted although
those persons stand accused of the murders of two members of CIEDEG, [nor]
have other appropriate measures been taken to protect the lives and physical
integrity” of the 15 persons named in the Commission's request, establishes
exceptional circumstances which make it necessary to order urgent measures
so as to avoid irreparable damage to them.

7.
That it is the responsibility of the Government to adopt security measures
for all citizens, an undertaking that is all the more crucial in the case
of persons involved in judicial proceedings before the organs of the inter-American
system for the protection of human rights, the purpose of which is to determine
whether or not human rights covered by the American Convention have been violated.

8.
That, likewise, the Government of Guatemala has the obligation to investigate
the events that led to this request for provisional measures in order to identify
those responsible and punish them accordingly, particularly with regard to
the alleged explicit threats of reprisals against some of the persons named,
on account of their appearance before the Commission at the public hearing
on February 22 of this year.

NOW,
THEREFORE:

THE
PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

in
consultation with the Court and pursuant to Article 63(2) of the American
Convention on Human Rights and in exercise of the authority conferred on him
by Article 24(4) of the Rules of Procedure.

DECIDES:

1.
To call upon the Government of the Republic of Guatemala to adopt forthwith
such measures as may be necessary to protect the lives and physical integrity
of Blanca Margarita Valiente de Similox, Vitalino Similox, Sotero Similox,
María Francisca Ventura Sican, Lucio Martínez, Maximiliano Solís, Bartolo
Solís, Julio Solís Hernández, María Magdalena Sunún González, Héctor Solís,
José Solís, Gregoria Gómez, Juan García, Eliseo Calel and Víctor Tuctuc, and
to avoid irreparable damage to them, in strict compliance with the obligation
to respect and guarantee human rights, which it undertook in accordance with
Article 1(1) of the American Convention on Human Rights.

2.
To call upon the Government of the Republic of Guatemala to investigate the
events and punish those responsible and to use the means at its disposal to
execute the warrant for the arrest of Víctor Román Cotzál.

3.
To call upon the Government of the Republic of Guatemala to report to the
Court, every thirty days from the date of notification, on the urgent measures
it adopts, and upon the Inter-American Commission on Human Rights to transmit
its comments on that information to the Court within fifteen days of its receipt.

4.
To submit this Order for the Court's consideration and pertinent effects during
its next session.

5.
To summon the parties to a public hearing at the seat of the Court on June
27, 1996, at 10:00 a.m., so that the Court may hear their views on the events
and circumstances that led to this request for provisional measures and to
this Order.